Indiana 2023 Regular Session

Indiana House Bill HB1636 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1636
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 6-6; IC 8-14-10-9; IC 8-17-16; IC 8-23-30-8;
7	7	IC 9-18.1-15-3; IC 36-3-7-3; IC 36-7; IC 36-9-4-39.
8	8	Synopsis: Indianapolis infrastructure. Provides that the amount of the
9	9	gasoline excise tax and special fuel tax revenue that is derived from the
10	10	annual 1% inflationary increase during the state budget biennium shall
11	11	be distributed to recipients under the motor fuel tax fund of the motor
12	12	vehicle highway account based on the vehicle miles traveled in the unit
13	13	compared to vehicle miles traveled in the state, but not including
14	14	interstate vehicle miles traveled. Appropriates money from the state
15	15	general fund to the Indiana department of transportation in an amount
16	16	necessary to repay all outstanding debt obligations as of June 30, 2023,
17	17	that are financed with money in the crossroads 2000 fund. Provides
18	18	that, beginning July 1, 2023, money in the crossroads 2000 fund must
19	19	be used for projects only in urban areas, as defined by the United States
20	20	Census Bureau. Authorizes Marion County to establish a local road
21	21	funding district (district) to capture 20% of the incremental local
22	22	income tax (LIT) revenue of the county (not including LIT revenue
23	23	obligated for debt service). Requires the Marion County treasurer to
24	24	establish a Marion County roads and bridges fund (fund) if a district is
25	25	established. Provides that the incremental LIT revenue captured in the
26	26	district shall be deposited in the fund and used for the preservation and
27	27	reconstruction of roads and bridges of thoroughfares in Marion County
28	28	that cross into an adjacent county. Prohibits any additional funding for
29	29	a professional soccer stadium project until and unless certain
30	30	conditions are met. Amends the maximum grant amount from the local
31	31	road and bridge matching grant fund based on annual vehicle miles
32	32	traveled in the local unit. Provides that, if the city-county council in
33	33	Marion County adopts a maximum county vehicle excise tax or a
34	34	(Continued next page)
35	35	Effective: Upon passage; July 1, 2023; January 1, 2024.
36	36	Behning, Pressel, McGuire
37	37	January 19, 2023, read first time and referred to Committee on Roads and Transportation.
38	38	2023 IN 1636—LS 7461/DI 120 Digest Continued
39	39	maximum county wheel tax, then the transportation infrastructure
40	40	improvement fees that are attributable to motor vehicles registered in
41	41	Marion County shall be transferred to the Marion County treasurer for
42	42	deposit in a separate account to be used for the preservation and
43	43	reconstruction of roadways in Marion County. Requires the Indiana
44	44	department of transportation to reacquire certain portions of roadways
45	45	in Marion County that were previously designated as a state highway
46	46	for administration in the state highway system, to occur before January
47	47	1, 2030. Provides that, for purposes of determining the right of the
48	48	consolidated city of Indianapolis to receive a distribution of money
49	49	from the motor vehicle highway account based on population, the
50	50	population of all the territory of the consolidated city is considered its
51	51	population. Specifies that the board of directors of an urban mass
52	52	transportation system may incorporate services of a "transportation
53	53	network company" or "TNC" that connects riders to individuals for
54	54	prearranged rides through a digital network exchange as a part of its
55	55	urban mass transportation system within the taxing district of the
56	56	corporation. Makes an appropriation.
57	57	2023 IN 1636—LS 7461/DI 1202023 IN 1636—LS 7461/DI 120 Introduced
58	58	First Regular Session of the 123rd General Assembly (2023)
59	59	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
60	60	Constitution) is being amended, the text of the existing provision will appear in this style type,
61	61	additions will appear in this style type, and deletions will appear in this style type.
62	62	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
63	63	provision adopted), the text of the new provision will appear in this style type. Also, the
64	64	word NEW will appear in that style type in the introductory clause of each SECTION that adds
65	65	a new provision to the Indiana Code or the Indiana Constitution.
66	66	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
67	67	between statutes enacted by the 2022 Regular Session of the General Assembly.
68	68	HOUSE BILL No. 1636
69	69	A BILL FOR AN ACT to amend the Indiana Code concerning
70	70	transportation and to make an appropriation.
71	71	Be it enacted by the General Assembly of the State of Indiana:
72	72	1 SECTION 1. IC 6-6-1.1-201, AS AMENDED BY P.L.159-2021,
73	73	2 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
74	74	3 JULY 1, 2023]: Sec. 201. (a) A license tax is imposed on the use of all
75	75	4 gasoline used in Indiana at the applicable rate specified in subsection
76	76	5 (b), except as otherwise provided by this chapter. The distributor shall
77	77	6 initially pay the tax on the billed gallonage of all gasoline the
78	78	7 distributor receives in this state, less any deductions authorized by this
79	79	8 chapter. The distributor shall then add the per gallon amount of tax to
80	80	9 the selling price of each gallon of gasoline sold in this state and
81	81	10 collected from the purchaser so that the ultimate consumer bears the
82	82	11 burden of the tax.
83	83	12 (b) The license tax described in subsection (a) is imposed at the
84	84	13 following applicable rate per gallon:
85	85	14 (1) Before July 1, 2017, eighteen cents ($0.18).
86	86	15 (2) For July 1, 2017, through June 30, 2018, the lesser of:
87	87	2023 IN 1636—LS 7461/DI 120 2
88	88	1 (A) the rate resulting from using the factors determined under
89	89	2 IC 6-6-1.6-2; or
90	90	3 (B) twenty-eight cents ($0.28).
91	91	4 (3) Beginning July 1, 2018, and each July 1 through July 1, 2024,
92	92	5 2025, the department shall determine an applicable rate equal to
93	93	6 the product of:
94	94	7 (A) the rate in effect on June 30; multiplied by
95	95	8 (B) the factor determined under IC 6-6-1.6-3.
96	96	9 The rate shall be rounded to the nearest cent ($0.01). After June 30,
97	97	10 2018, the new applicable rate may not exceed the rate in effect on June
98	98	11 30 plus one cent ($0.01). However, the new rate may not be less than
99	99	12 the rate in effect on June 30. If the calculation of a new rate would
100	100	13 produce a rate that is less than the rate in effect on June 30, the new
101	101	14 rate shall be the rate in effect on June 30. The department shall publish
102	102	15 the rate that will take effect on July 1 on the department's Internet web
103	103	16 site website not later than June 1.
104	104	17 SECTION 2. IC 6-6-1.1-502, AS AMENDED BY P.L.211-2007,
105	105	18 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
106	106	19 JULY 1, 2023]: Sec. 502. (a) Except as provided in subsection (b), at
107	107	20 the time of filing each monthly report, each distributor shall pay to the
108	108	21 administrator the full amount of tax due under this chapter for the
109	109	22 preceding calendar month, computed as follows:
110	110	23 (1) Enter the total number of invoiced gallons of gasoline
111	111	24 received during the preceding calendar month.
112	112	25 (2) Subtract the number of gallons for which deductions are
113	113	26 provided by sections 701 through 705 of this chapter from the
114	114	27 number of gallons entered under subdivision (1).
115	115	28 (3) Subtract the number of gallons reported under section 501(3)
116	116	29 of this chapter.
117	117	30 (4) Multiply the number of invoiced gallons remaining after
118	118	31 making the computation in subdivisions (2) and (3) by the tax rate
119	119	32 prescribed by section 201 of this chapter to compute that part of
120	120	33 the gasoline tax to be deposited in the highway, road, and street
121	121	34 fund under section 802(2) section 802(a)(2) of this chapter or in
122	122	35 the motor fuel tax fund under section 802(3) section 802(a)(3) of
123	123	36 this chapter.
124	124	37 (5) Multiply the number of gallons subtracted under subdivision
125	125	38 (3) by the tax rate prescribed by section 201 of this chapter to
126	126	39 compute that part of the gasoline tax to be deposited in the fish
127	127	40 and wildlife fund under section 802(1) section 802(a)(1) of this
128	128	41 chapter.
129	129	42 (b) If the department determines that a distributor's:
130	130	2023 IN 1636—LS 7461/DI 120 3
131	131	1 (1) estimated monthly gasoline tax liability for the current year;
132	132	2 or
133	133	3 (2) average monthly gasoline tax liability for the preceding year;
134	134	4 exceeds five thousand dollars ($5,000), the distributor shall pay the
135	135	5 monthly gasoline taxes due by electronic fund transfer (as defined in
136	136	6 IC 4-8.1-2-7) or by delivering in person or by overnight courier a
137	137	7 payment by cashier's check, certified check, or money order to the
138	138	8 department. The transfer or payment shall be made on or before the
139	139	9 date the tax is due.
140	140	10 SECTION 3. IC 6-6-1.1-802 IS AMENDED TO READ AS
141	141	11 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 802. (a) Except as
142	142	12 provided in subsection (b), the administrator shall, after the transfer
143	143	13 specified in section 801.5 of this chapter, deposit the remainder of the
144	144	14 revenues collected under this chapter in the following manner:
145	145	15 (1) The taxes collected with respect to gasoline delivered to a
146	146	16 taxable marine facility shall be deposited in the fish and wildlife
147	147	17 fund established by IC 14-22-3-2.
148	148	18 (2) Twenty-five percent (25%) of the taxes collected under this
149	149	19 chapter, except the taxes referred to in subdivision (1), shall be
150	150	20 deposited in the highway, road and street fund established under
151	151	21 IC 8-14-2-2.1.
152	152	22 (3) The remainder of the revenues collected under this chapter
153	153	23 shall be deposited in the motor fuel tax fund of the motor vehicle
154	154	24 highway account.
155	155	25 (b) This subsection applies only to state fiscal years beginning
156	156	26 after June 23, 2023, and ending before July 1, 2025. For each state
157	157	27 fiscal year, the department shall determine the amount of revenue
158	158	28 collected under this chapter that is attributable to the one cent
159	159	29 ($0.01) inflationary increase in the rate under section 201 of this
160	160	30 chapter and would otherwise be deposited under subsection (a)(2)
161	161	31 and (a)(3), and notwithstanding subsection (a) or any other
162	162	32 provision of law, the department shall distribute that revenue
163	163	33 amount to recipients under the motor fuel tax fund of the motor
164	164	34 vehicle highway account based on the vehicle miles traveled in the
165	165	35 unit compared to vehicle miles traveled in the state, but not
166	166	36 including interstate vehicle miles traveled.
167	167	37 SECTION 4. IC 6-6-2.5-28, AS AMENDED BY P.L.159-2021,
168	168	38 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
169	169	39 JULY 1, 2023]: Sec. 28. (a) A license tax is imposed on all special fuel
170	170	40 sold or used in producing or generating power for propelling motor
171	171	41 vehicles, except fuel used under section 30(a)(8) or 30.5 of this
172	172	42 chapter, at the applicable rate specified in subsection (b). The tax shall
173	173	2023 IN 1636—LS 7461/DI 120 4
174	174	1 be paid at those times, in the manner, and by those persons specified in
175	175	2 this section and section 35 of this chapter.
176	176	3 (b) The license tax described in subsection (a) is imposed at the
177	177	4 following applicable rate per special fuel gallon:
178	178	5 (1) Before July 1, 2017, sixteen cents ($0.16).
179	179	6 (2) For July 1, 2017, through June 30, 2018, the lesser of:
180	180	7 (A) the rate resulting from using the factors determined under
181	181	8 IC 6-6-1.6-2; or
182	182	9 (B) twenty-six cents ($0.26).
183	183	10 (3) For July 1, 2018, through June 30, 2019, the product of:
184	184	11 (A) the sum of:
185	185	12 (i) the rate in effect on June 30; and
186	186	13 (ii) twenty-one cents ($0.21); multiplied by
187	187	14 (B) the factor determined under IC 6-6-1.6-3.
188	188	15 (4) Beginning July 1, 2019, and each July 1 through July 1, 2024,
189	189	16 2025, the department shall determine an applicable rate equal to
190	190	17 the product of:
191	191	18 (A) the rate in effect on June 30; multiplied by
192	192	19 (B) the factor determined under IC 6-6-1.6-3.
193	193	20 The rate shall be rounded to the nearest cent ($0.01). However, after
194	194	21 June 30, 2018, and before July 1, 2019, the new applicable rate may not
195	195	22 exceed the rate in effect on June 30 plus twenty-three cents ($0.23).
196	196	23 After June 30, 2019, the new applicable rate may not exceed the rate
197	197	24 in effect on June 30 plus two cents ($0.02). However, the new rate may
198	198	25 not be less than the rate in effect on June 30. If the calculation of a new
199	199	26 rate would produce a rate that is less than the rate in effect on June 30,
200	200	27 the new rate shall be the rate in effect on June 30. The department shall
201	201	28 publish the rate that will take effect on July 1 on the department's
202	202	29 Internet web site website not later than June 1.
203	203	30 (c) The department shall consider it a rebuttable presumption that
204	204	31 all undyed or unmarked special fuel, or both, received in Indiana is to
205	205	32 be sold for use in propelling motor vehicles.
206	206	33 (d) Except as provided in subsection (e), the tax imposed on special
207	207	34 fuel by subsection (a) shall be measured by invoiced gallons (or diesel
208	208	35 or gasoline gallon equivalents in the case of a special fuel described in
209	209	36 section 22.5(2) or 22.5(3) of this chapter) of nonexempt special fuel
210	210	37 received by a licensed supplier in Indiana for sale or resale in Indiana
211	211	38 or with respect to special fuel subject to a tax precollection agreement
212	212	39 under section 35(j) of this chapter, such special fuel removed by a
213	213	40 licensed supplier from a terminal outside of Indiana for sale for export
214	214	41 or for export to Indiana and in any case shall generally be determined
215	215	42 in the same manner as the tax imposed by Section 4081 of the Internal
216	216	2023 IN 1636—LS 7461/DI 120 5
217	217	1 Revenue Code and Code of Federal Regulations.
218	218	2 (e) The tax imposed by subsection (a) on special fuel imported into
219	219	3 Indiana, other than into a terminal, is imposed at the time the product
220	220	4 is entered into Indiana and shall be measured by invoiced gallons
221	221	5 received at a terminal or at a bulk plant.
222	222	6 (f) In computing the tax, all special fuel in process of transfer from
223	223	7 tank steamers at boat terminal transfers and held in storage pending
224	224	8 wholesale bulk distribution by land transportation, or in tanks and
225	225	9 equipment used in receiving and storing special fuel from interstate
226	226	10 pipelines pending wholesale bulk reshipment, shall not be subject to
227	227	11 tax.
228	228	12 (g) The department shall consider it a rebuttable presumption that
229	229	13 special fuel consumed in a motor vehicle plated for general highway
230	230	14 use is subject to the tax imposed under this chapter. A person claiming
231	231	15 exempt use of special fuel in such a vehicle must maintain adequate
232	232	16 records as required by the department to document the vehicle's taxable
233	233	17 and exempt use.
234	234	18 (h) A person that engages in blending fuel for taxable sale or use in
235	235	19 Indiana is primarily liable for the collection and remittance of the tax
236	236	20 imposed under subsection (a). The person shall remit the tax due in
237	237	21 conjunction with the filing of a monthly report in the form prescribed
238	238	22 by the department.
239	239	23 (i) A person that receives special fuel that has been blended for
240	240	24 taxable sale or use in Indiana is secondarily liable to the state for the
241	241	25 tax imposed under subsection (a).
242	242	26 (j) A person may not use special fuel on an Indiana public highway
243	243	27 if the special fuel contains a sulfur content that exceeds five
244	244	28 one-hundredths of one percent (0.05%). A person who knowingly:
245	245	29 (1) violates; or
246	246	30 (2) aids or abets another person to violate;
247	247	31 this subsection commits a Class A infraction. However, the violation
248	248	32 is a Class A misdemeanor if the person has committed one (1) prior
249	249	33 unrelated violation of this subsection, and a Level 6 felony if the person
250	250	34 has committed more than one (1) unrelated violation of this subsection.
251	251	35 SECTION 5. IC 6-6-2.5-68, AS AMENDED BY P.L.185-2018,
252	252	36 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
253	253	37 JULY 1, 2023]: Sec. 68. (a) Each month, the first one and five-tenths
254	254	38 percent (1.5%) of revenue collected under this chapter shall be
255	255	39 deposited in the motor carrier regulation fund administered by the
256	256	40 department.
257	257	41 (b) All revenue collected under this chapter that remains after the
258	258	42 distribution of revenue specified under subsection (a) shall be used in
259	259	2023 IN 1636—LS 7461/DI 120 6
260	260	1 the same manner as the revenue collected under IC 6-6-1.1. The
261	261	2 administrator shall deposit the revenues collected under this chapter
262	262	3 that remain after the distribution of revenues specified under
263	263	4 subsection (a) in the same manner that revenues are deposited under
264	264	5 IC 6-6-1.1-802.
265	265	6 (c) IC 6-6-1.1-802(b) shall be applied in the same manner as if
266	266	7 the tax referenced in that provision were the tax imposed under
267	267	8 this chapter.
268	268	9 SECTION 6. IC 8-14-10-9, AS AMENDED BY P.L.256-2017,
269	269	10 SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
270	270	11 UPON PASSAGE]: Sec. 9. (a) The crossroads 2000 fund is established
271	271	12 for the purpose of constructing or reconstructing state highways. The
272	272	13 crossroads 2000 fund consists of distributions received under IC 9.
273	273	14 (b) The crossroads 2000 fund shall be administered by the
274	274	15 department. The treasurer of state shall invest the money in the
275	275	16 crossroads 2000 fund not currently needed to meet the obligations of
276	276	17 the crossroads 2000 fund in the same manner as other public funds may
277	277	18 be invested.
278	278	19 (c) Money in the crossroads 2000 fund at the end of a state fiscal
279	279	20 year does not revert to the state general fund.
280	280	21 (d) The department may use the money in the crossroads 2000 fund
281	281	22 only to pay the following costs:
282	282	23 (1) The cost of construction or reconstruction of a state highway.
283	283	24 (2) The cost of acquisition of all land, rights-of-way, property,
284	284	25 rights, easements, and any other legal or equitable interests
285	285	26 acquired by the department for the construction or reconstruction
286	286	27 of a state highway, including the cost of any relocations incident
287	287	28 to the acquisition.
288	288	29 (3) The cost of demolishing or removing any buildings, structures,
289	289	30 or improvements on property acquired by the department for the
290	290	31 construction or reconstruction of a state highway.
291	291	32 (4) Engineering and legal expenses and the costs of plans,
292	292	33 specifications, surveys, estimates, and any necessary feasibility
293	293	34 studies.
294	294	35 (5) Payment of rentals and performance of other obligations under
295	295	36 contracts or leases securing bonds issued under IC 8-14.5-6.
296	296	37 Beginning July 1, 2023, money in the fund shall be used for the
297	297	38 purposes set forth in this section only in urban areas, as defined by
298	298	39 the United States Bureau of the Census.
299	299	40 (e) For the state fiscal year beginning July 1, 2023, and ending
300	300	41 June 30, 2024, money is appropriated from the state general fund
301	301	42 to the department in an amount necessary to repay all outstanding
302	302	2023 IN 1636—LS 7461/DI 120 7
303	303	1 debt obligations as of June 30, 2023, that are financed with money
304	304	2 in the fund. The department shall repay those debt obligations
305	305	3 before August 1, 2023.
306	306	4 SECTION 7. IC 8-17-16 IS ADDED TO THE INDIANA CODE AS
307	307	5 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
308	308	6 1, 2023]:
309	309	7 Chapter 16. Administration of Certain Roadways in Marion
310	310	8 County
311	311	9 Sec. 1. This chapter applies only to those portions of roadways
312	312	10 located in Marion County:
313	313	11 (1) that extend in opposite directions from the intersection of
314	314	12 the roadway with an interstate highway exchange;
315	315	13 (2) for a distance in each direction that is the greater of:
316	316	14 (A) two (2) miles; or
317	317	15 (B) the distance to the point where the roadway terminates
318	318	16 at the intersection of the roadway with another
319	319	17 thoroughfare; and
320	320	18 (3) that were previously designated as a state highway.
321	321	19 Sec. 2. Notwithstanding any other provision of law and before
322	322	20 January 1, 2030, the department shall reacquire administration of
323	323	21 the roadways described in section 1 of this chapter within the state
324	324	22 highway system.
325	325	23 Sec. 3. The department and the county may enter into any
326	326	24 contract or memorandum of understanding between themselves or
327	327	25 with any third party and may execute any documentation that is
328	328	26 necessary to carry out this chapter.
329	329	27 Sec. 4. This chapter expires July 1, 2031.
330	330	28 SECTION 8. IC 8-23-30-8, AS AMENDED BY P.L.218-2017,
331	331	29 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
332	332	30 JULY 1, 2023]: Sec. 8. (a) The department may adopt guidelines to
333	333	31 implement this chapter, including guidelines that establish a maximum
334	334	32 amount that any one (1) local unit may receive as a grant, subject to
335	335	33 subsection (b). However, if:
336	336	34 (1) the department establishes a maximum amount per local unit;
337	337	35 and
338	338	36 (2) multiple local units, including any combination of cities,
339	339	37 towns, and counties, apply jointly for a matching grant under this
340	340	38 chapter to undertake a project that extends across multiple
341	341	39 jurisdictions;
342	342	40 the maximum amounts of the joint applicants may be aggregated.
343	343	41 (b) Beginning after June 30, 2023, the department shall establish
344	344	42 the following maximum amounts under subsection (a) for local
345	345	2023 IN 1636—LS 7461/DI 120 8
346	346	1 units:
347	347	2 (1) For a local unit with annual vehicle miles traveled of five
348	348	3 hundred thousand (500,000) or less (not including interstate
349	349	4 vehicle miles), one million dollars ($1,000,000).
350	350	5 (2) For a local unit with annual vehicle miles traveled of more
351	351	6 than five hundred thousand (500,000) and less than one
352	352	7 million (1,000,000) (not including interstate vehicle miles), two
353	353	8 million dollars ($2,000,000).
354	354	9 (3) For a local unit with annual vehicle miles traveled of one
355	355	10 million (1,000,000) or more (not including interstate vehicle
356	356	11 miles), five million dollars ($5,000,000).
357	357	12 SECTION 9. IC 9-18.1-15-3, AS ADDED BY P.L.218-2017,
358	358	13 SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
359	359	14 JULY 1, 2023]: Sec. 3. (a) Except as provided in subsection (b), fees
360	360	15 collected under this chapter shall be deposited in the local road and
361	361	16 bridge matching grant fund established by IC 8-23-30.
362	362	17 (b) Beginning after June 30, 2023, if the city-county council in
363	363	18 Marion County adopts an ordinance to impose either a maximum
364	364	19 county vehicle excise tax under IC 6-3.5-4 or a maximum county
365	365	20 wheel tax under IC 6-3.5-5, then, during the period in which the tax
366	366	21 is imposed, the fees collected under this chapter that are
367	367	22 attributable to motor vehicles registered in Marion County shall be
368	368	23 transferred to the Marion County treasurer for deposit in a
369	369	24 separate account to be used for the preservation and
370	370	25 reconstruction of roadways in the county.
371	371	26 SECTION 10. IC 36-3-7-3 IS AMENDED TO READ AS
372	372	27 FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 3. (a) For
373	373	28 purposes of determining the right of the consolidated city to receive a
374	374	29 distribution of money described by section 2 of this chapter based on
375	375	30 population, the population of the fire special service district is
376	376	31 considered the population of the consolidated city.
377	377	32 (b) Notwithstanding subsection (a), for purposes of determining the
378	378	33 right of the consolidated city to receive a distribution of money under
379	379	34 IC 7.1-4 based on population, the population of all the territory of the
380	380	35 consolidated city is considered its population.
381	381	36 (c) Notwithstanding subsection (a), for purposes of determining
382	382	37 the right of the consolidated city to receive a distribution of money
383	383	38 described by section 2(2) of this chapter based on population, the
384	384	39 population of all the territory of the consolidated city is considered
385	385	40 its population.
386	386	41 SECTION 11. IC 36-7-31.5-18 IS ADDED TO THE INDIANA
387	387	42 CODE AS A NEW SECTION TO READ AS FOLLOWS
388	388	2023 IN 1636—LS 7461/DI 120 9
389	389	1 [EFFECTIVE JULY 1, 2023]: Sec. 18. Notwithstanding any other
390	390	2 provision of law, the city of Indianapolis, the capital improvement
391	391	3 board of managers, or any related commission, authority, or
392	392	4 authorizing body shall not appropriate, approve, authorize,
393	393	5 transfer, or in any other manner provide additional money,
394	394	6 incentives, funding, or any type of additional financing after June
395	395	7 30, 2023, for any project under this chapter, unless and until at
396	396	8 least one (1) of the following applies:
397	397	9 (1) Both:
398	398	10 (A) a local road funding district is established under
399	399	11 IC 36-7-40; and
400	400	12 (B) at least twenty percent (20%) of all tax proceeds from
401	401	13 the allocation areas in Marion County that are not
402	402	14 otherwise obligated for debt service are allocated and used
403	403	15 for the preservation and reconstruction of roadways in
404	404	16 Marion County.
405	405	17 (2) The department of public works certifies to the city-county
406	406	18 council and the county clerk that the pavement conditions
407	407	19 index rating (PCI) for all residential and thoroughfare lane
408	408	20 miles within the consolidated city equal an average rating of
409	409	21 sixty-five (65).
410	410	22 SECTION 12. IC 36-7-40 IS ADDED TO THE INDIANA CODE
411	411	23 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
412	412	24 JULY 1, 2023]:
413	413	25 Chapter 40. Local Road Funding District
414	414	26 Sec. 1. As used in this chapter, "authorizing county" means a
415	415	27 county having a consolidated city.
416	416	28 Sec. 2. As used in this chapter, "district" means a local road
417	417	29 funding district designated as an allocation area for incremental
418	418	30 local income tax under this chapter.
419	419	31 Sec. 3. As used in this chapter, "local income tax base period
420	420	32 amount" means the certified distribution amount of local income
421	421	33 tax revenue that was distributed for the calendar year that
422	422	34 precedes the year in which the district is designated, excluding the
423	423	35 amount of local income tax revenue obligated for debt service.
424	424	36 Sec. 4. As used in this chapter, "local income tax incremental
425	425	37 amount" means the greater of zero (0) or:
426	426	38 (1) the certified distribution amount of local income tax
427	427	39 revenue in the district for the calendar year, excluding the
428	428	40 amount of local income tax revenue obligated for debt service;
429	429	41 minus
430	430	42 (2) the local income tax base period amount.
431	431	2023 IN 1636—LS 7461/DI 120 10
432	432	1 Sec. 5. (a) A local road funding district may be designated as an
433	433	2 allocation area that encompasses all of the territory within the
434	434	3 jurisdiction of an authorizing county described in section 1 of this
435	435	4 chapter.
436	436	5 (b) In order to create a district, the city-county council of the
437	437	6 authorizing county must adopt an ordinance to establish the
438	438	7 district. An allocation ordinance must apply to all of the territory
439	439	8 of the authorizing county.
440	440	9 (c) Beginning for the calendar year immediately succeeding the
441	441	10 designation of an allocation area, and each calendar year
442	442	11 thereafter in which the allocation ordinance is in effect, the
443	443	12 department of state revenue shall for the authorizing county adjust
444	444	13 for purposes of this chapter the certified distribution to the county
445	445	14 for the calendar year as determined under IC 6-3.6 and,
446	446	15 notwithstanding any provision in IC 6-3.6, allocate and distribute
447	447	16 twenty percent (20%) of the local income tax incremental amount
448	448	17 to the Marion County treasurer for deposit in the Marion County
449	449	18 roads and bridges fund under section 6 of this chapter.
450	450	19 Sec. 6. (a) If an allocation area is established under this chapter,
451	451	20 the Marion County treasurer shall establish a Marion County
452	452	21 roads and bridges fund. The Marion County treasurer shall deposit
453	453	22 in the fund all amounts received under section 5 of this chapter.
454	454	23 (b) Money in the fund shall be used for the preservation and
455	455	24 reconstruction of roads and bridges of thoroughfares in Marion
456	456	25 County that cross into an adjacent county.
457	457	26 SECTION 13. IC 36-9-4-39 IS AMENDED TO READ AS
458	458	27 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 39. The board of
459	459	28 directors of a public transportation corporation may establish and
460	460	29 operate a "demand-responsive" or "dial-a-ride" transportation system,
461	461	30 or incorporate services of a "transportation network company" or
462	462	31 "TNC" (as defined in IC 8-2.1-17-18), as a part of its urban mass
463	463	32 transportation system within the taxing district of the corporation. The
464	464	33 rates and charges for the system and all related criteria are at the sole
465	465	34 discretion of the board.
466	466	35 SECTION 14. An emergency is declared for this act.
467	467	2023 IN 1636—LS 7461/DI 120